Jeremy Arimbi Muroro v Standard Chartered Bank Limited & another [2020] eKLR Case Summary

Court
High Court at Nairobi (Milimani Law Courts)
Category
Civil
Judge(s)
J. Kamau
Judgment Date
October 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Jeremy Arimbi Muroro v Standard Chartered Bank Limited & another [2020] eKLR


1. Case Information:
- Name of the Case: Jeremy Arimbi Muroro v. Standard Chartered Bank Limited & Martin Kinoti Kinyua
- Case Number: Civil Appeal No 361 of 2018
- Court: High Court of Kenya at Nairobi, Milimani Law Courts
- Date Delivered: 29th October 2020
- Category of Law: Civil
- Judge(s): J. Kamau
- Country: Kenya

2. Questions Presented:
The central legal issues before the court included whether the Appellant could be granted an extension of time to file his Record of Appeal and whether the original title deed concerning L.R. No Nairobi/Block 62/345 could be deemed duly deposited despite the delay.

3. Facts of the Case:
The Appellant, Jeremy Arimbi Muroro, sought to appeal a decision involving Standard Chartered Bank Limited (1st Respondent) and Martin Kinoti Kinyua (2nd Respondent). The case arose after the Appellant failed to comply with court orders issued on 12th November 2019, which required him to deposit a title deed and a decretal sum of Kshs 1,142,859.20. Despite his efforts to comply, the Appellant was unable to deposit the title deed until 20th December 2019, leading to the present application for extension of time to file his Record of Appeal.

4. Procedural History:
The Appellant filed a Notice of Motion application on 27th February 2020, seeking a stay of execution, an extension of time to file his Record of Appeal, and to have the title deed deemed duly deposited. The 1st Respondent opposed the application, arguing that the Appellant had violated court orders and had not provided sufficient justification for his delay. The court considered the submissions from both parties and the relevant legal precedents before making its ruling.

5. Analysis:
- Rules: The court considered Article 159 of the Constitution of Kenya, Section 3A of the Civil Procedure Act, and relevant case law regarding extensions of time and compliance with court orders.
- Case Law: The court referenced *Equity Bank Limited v. West Link Mbo Limited* [2013] eKLR, which discusses the exercise of discretion in compliance with court orders, and *Daphne Perry v. Murray Alexander Carson* [1963] E A 546, which addressed the necessity of providing sufficient reasons for non-compliance. The case of *First American Bank of Kenya Ltd v. Gulab P Sha & 2 Others* [2002] 1 EA 65 was also cited regarding the principles governing extensions of time.
- Application: The court found that the Appellant had demonstrated diligence in attempting to comply with the court orders. The delay in depositing the title deed was not deemed inordinate, and the Appellant had filed his Record of Appeal just before the deadline. The court noted that he had a right to file a supplementary Record of Appeal to include the certified copies of the proceedings.

6. Conclusion:
The court ruled in favor of the Appellant, allowing his application for an extension of time and deeming the title deed to have been duly deposited. The Appellant was directed to file a supplementary Record of Appeal within 180 days, with the Registrar of the High Court tasked to facilitate the typing of the lower court proceedings within 90 days. This ruling underscored the court's discretion in balancing compliance with procedural rules against the need to avoid injustice.

7. Dissent:
There were no dissenting opinions noted in this ruling, as the decision was unanimous in favor of the Appellant.

8. Summary:
The High Court of Kenya ruled in favor of Jeremy Arimbi Muroro, granting him an extension of time to file his Record of Appeal and allowing the original title deed to be considered duly deposited despite a slight delay. This case highlights the court's discretion in managing procedural compliance and the importance of ensuring that parties are not unduly penalized for minor delays when they demonstrate good faith efforts to comply with court orders. The decision has implications for future cases concerning extensions of time and compliance with procedural requirements in civil litigation.

Document Summary

Below is the summary preview of this document.

  • Jeremy-Arimbi-Muroro-v-Standard-Chartered-Bank-Limited--another-[2020]-eKLR-Case-Summary_2781_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries